Getty Images (US) Inc & Ors v Stability AI Ltd

Getty Images (US) Inc & Ors v Stability AI Ltd

The appeal was dismissed because, although the original pleading was broad, the parties agreed at the case management conference that Getty needed to particularise the specific images relied upon. The subsequent amendment and Reply made clear that the pleaded case did not extend to CSAM, and the judge's ruling on the scope of the pleading was correct.

Parties
Claimant/appellant: Getty Images (US), Inc.; Claimant/appellant: Getty Images International U. C.; Claimant/appellant: Getty Images (UK) Limited; Claimant/appellant: Getty Images Devco UK Limited; Claimant/appellant: iStockphoto LP; Claimant/appellant: Thomas M. Barwick, Inc.; Defendant/respondent: Stability AI Ltd
Jurisdiction
England and Wales
Judgment Date
17 June 2025
Procedural Posture
Civil Appeal / Appeal From High Court Order at Trial Commencement
Outcome
Appeal dismissed
Legal Topics
Trade Mark Infringement, Pleadings, Particularisation, Artificial Intelligence, Copyright, Database Right, Passing Off
Intellectual Property Civil Procedure Trade Mark Infringement Pleadings Particularisation Artificial Intelligence Copyright Database Right +1 more

Case Brief

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Parties

Getty Images (US), Inc.

Claimant/appellant

Getty Images International U. C.

Claimant/appellant

Getty Images (UK) Limited

Claimant/appellant

Getty Images Devco UK Limited

Claimant/appellant

iStockphoto LP

Claimant/appellant

Thomas M. Barwick, Inc.

Claimant/appellant

Stability AI Ltd

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court Order at Trial Commencement

Legal Issues

  1. 1 Whether allegations concerning child sexual abuse material (CSAM) were properly pleaded in the Particulars of Claim
  2. 2 Whether the judge erred in interpreting the scope of the pleaded case and in applying principles on pleading serious allegations

Ratio Decidendi

The appeal was dismissed because, although the original pleading was broad, the parties agreed at the case management conference that Getty needed to particularise the specific images relied upon. The subsequent amendment and Reply made clear that the pleaded case did not extend to CSAM, and the judge's ruling on the scope of the pleading was correct.

Court Disposition

Appeal dismissed

Orders

  • The allegations advanced in paragraphs 5, 266.3 and 266.4 of the Claimants’ skeleton argument for trial concerning CSAM are not pleaded in paragraph 57.9 of the Claimants’ Re-Re-Re-Amended Particulars of Claim.
  • Accordingly, the allegations may not be deployed as part of the Claimants’ case at trial.